PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Under Other Than Honorable Conditions
2. Date of discharge (or REFRAD): 980619
3. Authority for separation:
a. Regulation: Chapter 10, AR 635-200
b. Reason: In Lieu of Trial by Court-Martial
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
NONE
a. Period entered for: 4 Years
b. Entry date: 970109
c. Age: 27 Years DOB: 701214
d. Educational level: GED
e. Aptitude area score:
GT: 108 3. Highest grade
achieved:
f. Length of Service: E1
0 Year(s) 7 Month(s) 8 Day(s)
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence:
Status Inclusive dates
AWOL 970513-980311;
Mil conf
Civil conf
Other
6. Nonjudicial punishment: NONE
Date Offense(s)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: NONE
SECTION B - Prior Service Data
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. The evidence of record shows that on 17 March 1998, the applicant
was charged with AWOL (970513-980311). On 19 March 1998, the applicant
consulted with legal counsel and voluntarily requested, in writing,
discharge under the provisions of Chapter l0, AR 635-200 in lieu of trial
by court-martial. In this request, the applicant admitted guilt to the
offense, or a lesser included offense. Further, the applicant indicated
that he understood that he could receive an under other than honorable
conditions discharge and that the discharge would have a significant effect
on eligibility for veteran’s benefits. The applicant did not submit a
statement in his own behalf. The unit commander recommended approval of an
under other than honorable conditions discharge. On 29 May 1998, the
separation authority approved the discharge with an under other than
honorable conditions discharge. The applicant was to be reduced to the
lowest enlisted rank.
b. On 19 June 1998, the applicant was discharged. At the time of
discharge, the applicant had completed 7 months and 8 days of active
military service (to include 92 days excess leave) and accrued 303 days of
lost time in the period under review.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt. Army policy states
that although an honorable or general discharge is authorized, a discharge
UOHC is normally considered appropriate.
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 031014, with seven (7) enclosure(s).
A-2: Counsel Issues: NONE
B-l: Other Documents: NONE
PART IV - PREHEARING REVIEW (CONTINUED)
SECTION C - Medical and/or Legal Advisory Opinion
Referred to ( ) Medical Advisor ( ) Legal Advisor
a. Medical prehearing comments (if applicable):
b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits
1. Review/hearing information:
a. Type requested:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, D.C. on 21 July
2004.
d. Appearance by:
Applicant ( ) Yes ( X ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( ) Yes ( X ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing:
PART VI - ISSUES AND FINDINGS
1. a. Applicant's issue(s) of propriety and/or equity:
( X ) Same as those listed on DD Form 293 and Part IV, Section A
of this case report and directive.
( ) Revised issue(s) furnished in writing by applicant as
follows:
( ) Additional issue(s) identified during review/hearing as
follows:
b. Request: ( X ) Recharacterization ( ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:
a. Propriety: The applicant has not submitted an issue of
propriety and the ADRB has not otherwise relied upon an
issue of propriety to change the discharge.
b. Equity: The parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(1-4) The issues are rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as infraction of discipline, the extent thereof, and the seriousness
of the offense.
The Board noted the applicant’s contentions; however, the Board determined
that his contentions were not sufficiently mitigating to warrant an upgrade
of the discharge under review. The evidence of record shows the applicant
was charged with the commission of an offense punishable under the Uniform
Code of Military Justice (UCMJ) with a punitive discharge. The Board noted
that, after consulting with defense counsel, the applicant voluntarily, and
in writing, requested separation from the Army in lieu of trial by court-
martial. In doing so, the applicant admitted guilt to the stipulated or
lesser-included offenses under the UCMJ. The Board was satisfied that all
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process. It also noted that
the characterization of service for this type of discharge is normally
under other than honorable conditions and that the applicant was aware of
that prior to requesting discharge. The Board, being convinced that the
reason for discharge and the characterization of service were both proper
and equitable, voted to deny relief.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( X ) Proper.
( ) Improper as to characterization. Change characterization to
.
( ) Improper as to reason. Change reason to
under .
( X ) Equitable.
( ) Inequitable as to characterization. Change characterization to
.
( ) Inequitable as to reason. Change reason to
under .
( ) Both proper and equitable, but characterization/reason for
separation cited was an administrative/clerical error and should
be changed to under
.
2. Voting record: Change No Change
Reason 0 5
Characterization 0 5
The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below. The request must contain the CASE NO. located in the upper right
corner of this document.
Department of the Army Review Boards Agency
ATTN: Promulgation Team
1901 South Bell Street, 2nd Floor
Arlington, VA 22202-4508
3. Minority views: NONE
PART VII - BOARD ACTION
SECTION B - Verification and Authentication
Case report reviewed and verified
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
EXHIBITS:
A - Application for review of discharge C - Other
B - Material submitted by applicant
INDEX RECORD:
AR Number: 2003097381 INDEX NUMBERS: A9217
Date of Review: 040721 A9231
Character of Service: UD A0100
Date of Discharge: 980619
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: NC 5-0 A
PART IX - VOTING RECORD
Name Reason Characterization
CHANGE NC HON UHC NC
UNCHAR
1. Mbr X X
2. COL FLETCHER, ANN G. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
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